The Pittston Company v. Franklin Calo ( 2014 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Alston, Decker and Senior Judge Coleman
UNPUBLISHED
THE PITTSTON COMPANY
MEMORANDUM OPINION*
v. Record No. 2384-13-3 PER CURIAM
MAY 27, 2014
FRANKLIN CALO
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Ramesh Murthy; Penn, Stuart, & Eskridge, on brief), for appellant.
(Paul L. Phipps; Mingkwan Emme Collins; Lee and Phipps, P.C., on
brief), for appellee.
The Pittston Company appeals a decision of the Workers’ Compensation Commission
finding that Franklin Calo was entitled to wage loss benefits when he did not sustain any wage
loss on March 18, 2013, due to his post-injury earnings that were greater than his pre-injury
earnings. We have reviewed the record and the commission’s opinion and find that this appeal is
without merit. Accordingly, we affirm for the reasons stated by the commission in its final
opinion. See Calo v. The Pittston Co., VWC File No. 2059223 (Nov. 20, 2013). We dispense
with oral argument and summarily affirm because the facts and legal contentions are adequately
presented in the materials before the Court and argument would not aid the decisional process.
See Code § 17.1-403; Rule 5A:27.
Affirmed.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.